2005 (1) TMI 350

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.... 2. There was a survey in the case of this assessee, which was carried out on 23rd Sept., 1994 under s. 133A of the IT Act 1961, (hereinafter referred to as 'the Act' for short). One truck-load of Raida was found to be unrecorded in the books, which was lying at the place of business of the assessee. The explanation of the assessee that the bill regarding this Raida, which was purchased from M/s....

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....earned Authorised Representative has relied on CIT(A)'s order and taken same line of arguments, as taken earlier. 5. It is true that at the time of survey, Raida worth Rs. 70,000 was found at the business site for which no bill was with assessee on that date. But it is also a fact that the assessee had stated before AO that this Raida was purchased from M/s Bhagirath Mal Lal Chand, Bhinmal, but....

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....e light of evidence produced, justified his retraction. In my opinion also the finding of CIT(A) does not require any interference. The wrong mention of a firm's name is not materially different which can be inferred otherwise. The addition on the basis of surrender, when the assessee had also claimed one thing, which was proved later on, is not justified. This ground of appeal is dismissed. 7.....